FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Kate Cosgrove,
Complainant
against Docket
#FIC 95-16
Ed Oczkowski, Oxford First
Selectman and Roger O'Toole, Oxford Board of Selectmen,
Respondents October 11, 1995
The above-captioned matter was heard as a contested
case on August 2, 1995, at which time the complainant and the respondents
appeared and presented testimony, exhibits and argument on the complaint. This matter was consolidated for hearing
with contested case docket #FIC 94-442; Kate Cosgrove v. Ed Oczkowski, Oxford
First Selectman and Roger O'Toole, Oxford Board of Selectmen.
After consideration of the entire record, the
following facts are found and conclusions of law are reached:
1. The
respondents are public agencies within the meaning of 1-18a(a), G.S.
2. By letter
of complaint filed with this Commission on January 18, 1995, the complainant
alleged that the respondents violated the provisions of the Freedom of
Information ("FOI") Act by conducting an improper unnoticed meeting
on December 19, 1994.
3. It is
found that on December 19, 1994, the respondents conducted an unnoticed meeting
for the following purposes:
a)
to execute executive power by the Board
of Selectmen for Planning and Zoning;
and
b)
to consider legal action for repair of
Quaker Farms School.
4. It is
found that the respondents failed to prove that there was a compelling
necessity for them to meet or act on December 19, 1994, without providing the
minimum twenty-four hours notice required for a special meeting pursuant to
1-21 (a), G.S.
Docket #FIC 95-16 Page
2
5. It is
concluded that the respondents violated the provisions of 1-21(a), G.S.,
by conducting an unnoticed meeting on December 19, 1994 for purposes that do
not rise to the standard of "emergency" conditions within the meaning
of the FOI Act.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint.
1. Henceforth
the respondents shall strictly comply with the requirements of 1-21(a),
G.S.
2. Within
thirty days of the mailing of the final decision in this matter, the
respondents shall contact the staff of this Commission to arrange for an
educational workshop to be conducted at the offices of the Commission.
Approved by Order of the
Freedom of Information Commission at its regular meeting of October 11, 1995.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 95-16 Page
3
PURSUANT TO SECTION 4-180(c),
G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING
ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR
THEIR AUTHORIZED REPRESENTATIVE.
THE PARTIES TO THIS CONTESTED
CASE ARE:
Kate Cosgrove
66 Bee Mountain Road
Oxford, CT 06478-6133
Ed Oczkowski
Oxford First Selectman
486 Oxford Road
Oxford, CT 06478
Roger O'Toole
Oxford Board of Selectmen
486 Oxford Road
Oxford, CT 06478
Elizabeth A. Leifert
Acting Clerk of the Commission